In Illinois, most parenting agreements are set forth in a court order known as an Allocation Judgment. These agreements have the force of a court order. Amongst other things, Allocation Judgments set out each parent’s parenting time, commonly referred to as visitation schedules. When one parent fails or refuses to abide by the court-ordered agreement, it tends to cause great frustration and emotional stress for both parent and child. Under Illinois law, there are ways that you can have your parenting time respected.
The Illinois Marriage and Dissolution of Marriage Act governs how parenting time is set, see 750 ILCS 5/602.7. The statute provides that each parent is fit and that the court should not place restrictions on parenting time, except where it does not serve a child’s best interest.
Oftentimes in cases where there is an abuse of parenting time, the first step is to attempt to resolve an issue informally with the other parent. If that does not work, it may be necessary to file a motion with the court.
Non-Compliance Of Parenting Time Orders In Illinois
Illinois law provides a process for dealing with situations where a parent fails to comply with parenting time set forth in an approved parenting plan or court order. Under 750 ILCS 5/607.5, if a parent is found in violation of the parenting time order, the court has remedies. The remedies include make-up parenting time, requiring either or both parents to attend a parenting education class or counseling, imposing a fine for denying parenting time, or changing the parenting plan.
If you are a parent who finds yourself in a situation where the other parent continuously denies your parenting time, then you may have a right to compensatory time with your child. This means the court can order make-up time for any missed visits. In some instances, the court may even modify the parenting plan to make sure further violations do not occur.
The law recognizes the importance of parenting time and provides that issues regarding the same should be handled on an expedited basis. This helps in ensuring the issue is resolved as soon as possible, therefore reducing the amount of interruption in your relationship with your child. Illinois courts do not take parenting time violations lightly; they realize what this type of behavior can do to a child.
In filing a motion to enforce parenting time, you need evidence. Record the dates and times when your visitation is denied or otherwise abused, and any communications you have had with the other parent about your visitation. Recording this information will help your case in court. Similarly, Illinois courts foster good faith between parents, and in case you are denied your parenting time, you are obliged to continue your duties, such as child support.
There can be valid reasons why parenting time is denied such as an emergency or illness. However, denials that are ongoing and unjustified are not acceptable. Both parents are bound by the law to honor the parenting time schedule in good faith, and continued denials may amount to serious and grave legal consequences.
Parenting Time Frequently Asked Questions
What If The Other Parent Refuses To Abide By The Agreement Concerning Parenting Time?
You can ask the court to enforce the court-ordered parenting time if the other parent will not follow the schedule. The available remedies under 750 ILCS 5/607.5 are various, and the court can order make-up time, fines, or even modifications in the parenting plan.
Can I Stop Paying Child Support Because The Other Parent Is Not Abiding By The Parenting Time Agreement?
No, you cannot stop paying child support because the other parent is in violation of the parenting time arrangement. Illinois law considers child support and parenting time as separate issues. You must still pay child support even when the other parent is failing to follow the parenting schedule. While not paying support is not a defense to justify the denial of parenting time, a parent entitled to support can take a non-paying parent to court to enforce the child support order.
What Is Compensatory Parenting Time?
Compensatory parenting time is make-up time. The court can order this if you’ve been denied your scheduled parenting time without good cause. The court will grant more time with your child to make up for the lost time.
When Can The Court Hear Parenting Time Violations?
Illinois law allows for expedited hearings with respect to parenting time enforcement. This means that the court can schedule a hearing quicker than might otherwise occur with other issues, getting you in front of the judge and alleviating the problem as soon as possible.
Can The Court Modify The Parenting Time Agreement If The Other Parent Is Violating It?
Yes, the court can modify the parenting plan if one parent continually demonstrates an inability or unwillingness to adhere to the parenting time agreement. This may be to vary the amount of time spent by each party with the child or to make other modifications that would assist in preventing future violations.
What Kind Of Evidence Do I Need To Enforce A Parenting Time Agreement?
When filing a motion to enforce parenting time, it’s important to provide documentation that will prove the other parent is violating the agreement. This may include emails, texts, and records that show when visits were missed or denied access to the child. The more detailed your documentation is, the stronger your case in court.
What If The Other Parent Claims An Emergency Was The Reason For Not Adhering To The Parenting Time Arrangement?
If an actual emergency indeed occurred, then the court may consider it in hearing your case. In that case, however, the parent whom the parenting time was denied will have to prove there was actually an emergency.
Will I Need To Mediate Before Going To Court To Enforce The Parenting Time Arrangement?
Perhaps. Most Allocation Judgments require mediation or some form of alternative dispute resolution process before coming to court, except in cases of emergency. In cases where there is no such requirement, if circumstances warrant, a court can force the parties to go through mediation before the court is called upon to resolve the dispute. The intent of mediation is for both parties to try to settle their issue without requiring further litigation.
Is Parenting Time Enforceable Across State Lines?
Yes, parenting time orders under the Uniform Child Custody Jurisdiction and Enforcement Act are enforceable across state lines. If the other parent moved out of state and continued to violate the Order, you could still go to court to enforce it.
Can I Modify The Parenting Plan If The Other Parent Often Denies Me Parenting Time?
Yes, you can request a modification if the other parent consistently violates the parenting time agreement. The court may modify the parenting time schedule, or it may take any other action that the court thinks proper to stop any further violations and to allow you to spend time with your child.
Contact Our Chicago Parenting Time Attorney For Exceptional Representation
If you are having problems with the other parent not following your parenting time agreement, you have rights. Let Michael C. Craven help you in enforcing your rights and making sure that your parenting time is respected. Do not let these violations continue hurting your child’s relationship with you. Contact our Chicago parenting time attorney, Michael C. Craven, by calling (312) 621-5234 to schedule a consultation. We serve clients throughout Chicagoland, helping parents just like you protect their rights.
